SMSFs are regularly party to transactions involving real property and investment vehicles such as unit trusts. The tax advantages of holding assets in the superannuation environment are well-known. However, the stamp duty implications of SMSF transactions are often misunderstood or inadequately dealt with. This paper explores in some detail the South Australian stamp duty issues arising in a range of reasonably common transactions involving SMSFs, addresses some misconceptions and highlights the importance of careful planning and documentation to achieve appropriate stamp duty outcomes.
This paper covers:
- stamping SMSF trust deeds, amendments and changes of trustee
- stamp duty implications of transferring assets to SMSFs
- stamp duty on the following types of transactions:
- o in specie benefit payments to members
- o in specie death benefit payments to dependants and legal personal representatives
- o limited recourse borrowing arrangements – setting up the security trust, acquiring the asset and vesting the security trust
- relevant exemptions and concessions in the SMSF context, and how to apply them.